Country Specific Terms and Conditions for: Germany – Austria – Switzerland (DACH), Hungary, Spanish (ES, AR, CL, CO, MX), Poland, rest of the world (English)

GENERAL TERMS AND CONDITIONS OF “ONEBIP GAMES”

These general terms and conditions (the “GTC”) establish a contract between you and Onebip S.r.l. Via Filippino Lippi 32,20131 Milan, Italy (“Onebip”). Please read these terms and conditions carefully. With your order you accept the following conditions.

A.    BASICS

This contract regulates the use of the “Onebip Games” portal (“Services”) through which you can buy, receive, license, rent or subscribe contents, apps (see point B.3.3.1) and other in-app services (collectively “content”). The content can be offered by the services of Onebip Games or a third party. Our services are available in your country or place of residence (“Home Country”) as well as in all other EU countries in which you are temporarily staying. By creating an account to use the Services in a particular country or area, you designate it as your home country. To use our services, you will need compatible hardware, software (the latest version is recommended and may be required), and internet access (fees may apply). The functionality of our services can sometimes be influenced by these factors

B.    USE OF THE SERVICES

1.     PAYMENTS, TAXES AND REFUNDS

1.1.      You can purchase Content through our Services for free or for a fee, both of which are referred to as a “Transaction”. With each transaction, you simply acquire a license to use the content. Each transaction is a contract between you and Onebip and / or between you and the company providing the content through our services. However, if you are a customer of Onebip, Onebip is the contractual partner for the content that you purchase from Onebip Games. In such a case, you purchase the content directly from Onebip, whereby it is licensed by the provider of the content (e.g. app provider (see point D.1.1), book publisher, etc.). 

1.2.      When carrying out a transaction, we will ask you to confirm it by entering a PIN / TAN code, by SMS or both.

1.3.      If for other reasons it is not possible for us to use the payment method you have chosen (e.g. because the card used has expired or for insufficient funds), you are directly responsible for the outstanding amounts. Onebip will try to collect the amount again when you will have recharged the credit of your sim.

1.4.      For details on billed transactions, please visit the following website: https://selfcare.onebip.com

1.5.      You agree to receive all invoices in electronic form, whereby SMS and e-mail are sufficient. The prices for content can be changed at any time. In the event that technical problems prevent or disproportionately delay the delivery of content, it is possible to demand replacement for the content not provided or the repayment of the purchase price, as determined by Onebip. Onebip can sometimes reject a request for reimbursement if there are indications of fraud, misuse of reimbursement or other manipulative behaviour. If necessary, Onebip can be entitled to a corresponding counterclaim.

1.6.      Cancellation: If you want to cancel your order, you can cancel it within 14 (fourteen) days from the receipt of the invoice without giving reasons by contacting us. The revocation must be clearly explained, but can take place in any form. You can use the sample cancellation form attached to these terms and conditions (APPENDIX 1) for this purpose.

1.7.      In order to comply with the cancellation period, it is sufficient that the notification of the cancellation of the order is sent before the 14 (fourteen) day period has expired.

1.8.      Consequences of the cancellation: Onebip will refund the payment within 14 (fourteen) days after receipt of the cancellation notification. To reverse the payment, Onebip will use the same payment method that you used for the transaction in question. There is no fee for the reimbursement. In the event that a refund is not possible for technical reasons using the payment method you used, the refund will only be made by bank transfer.

1.9.      Exception to the above-mentioned right of withdrawal: An order for digital content cannot be withdrawn if the delivery is linked to your express consent and acknowledgment that you thereby lose your right of withdrawal.

2.   ACCOUNT

2.1.      Access to your content and use of our services requires a user account with Onebip Games (“Account”). Your account is valuable and you are responsible for maintaining its integrity and security. Onebip is in no way responsible for any loss resulting from the unauthorized use of your account. Please contact Onebip if you suspect that your account has been compromised.

2.2.      You must be of the appropriate minimum age in your home country to create an account and use our services.

2.3.      The use of our services is subject to the Onebip privacy policy, which is available at https://games.onebip.com/privacy-policy/ .

3.   RULES OF USE OF THE SERVICES AND CONTENT

3.1.      The use of the services and content must comply with the points mentioned in this section (“rules of use”). Any other / contrary use of the services and content constitutes a significant violation of these terms and conditions. Onebip is free to monitor the use of the services and content to ensure that these usage rules are followed.

3.2.      To the services:

3.2.1.  The services and content may only be used for private and non-commercial purposes (except as far as stated in the content section below).

3.2.2.  The provision of services or content by Onebip does not include the right to commercial or commercial use, and does not constitute a grant / transfer of rights or a waiver of the rights of the copyright holder.

3.2.3.  The manipulation of play numbers, downloads, ratings or reviews via means such as (i) the use of bots, scripts or via automated processes; or (ii) the provision or acceptance of any kind of compensation or incentive is prohibited.

3.2.4.  The security and integrity of the content you use is your own responsibility once you download it. It is therefore recommended to regularly make backup copies of the content used.

3.2.5.  It is forbidden to manipulate or circumvent the security technologies contained in the services.

3.2.6.  Access to our services and content is only permitted with the software provided (no modified software), whereby any modification of the software is prohibited.

3.3.      Regarding content: The term “apps” includes apps and app clips for any platform or any operating system, including in-app purchases, extensions (such as keyboards), stickers and subscriptions that are made available in such apps or app clips.

4.   DOWNLOADS

The amount of content that can be downloaded may be limited. Some downloaded content may expire after a certain amount of time after the download or after it is played for the first time. Certain content may not be able to be downloaded at all.

5.   CONTENT AND SERVICES AVAILABILITY

The conditions contained in these terms and conditions, which refer to services, content types, features or functions that are not available in your home country, have no effect on you if and before they are not made available to you.

C.    CONTRIBUTIONS TO OUR SERVICES

1.     GENERAL PROVISIONS

1.1.      Some of our services allow you to upload or post comments, ratings and reviews, pictures, videos and podcasts (including associated metadata and illustrations). Use of these features must comply with the submission guidelines below, which can be updated from time to time. If you discover any material that does not meet the submission guidelines, please contact Onebip Customer Service. You hereby grant Onebip a worldwide, free, perpetual and non-exclusive license to use and market the materials you submit while using the Services for Onebip’s internal purposes. Onebip is free to remove or edit the materials mentioned.

1.2.      Submission Guidelines: You may not use the Services to:

1.2.1.  post materials for which (i) you have no permission, right or license to use, or (ii) infringe the rights of any third party;

1.2.2.  post controversial, offensive, illegal, misleading, inaccurate or harmful content;

1.2.3.  post any personal, private or confidential information owned by others;

1.2.4.  request personal information from minors ;

1.2.5.  impersonate someone else or misrepresent your connection to another natural or legal person;

1.2.6.  discontinue or transmit spam, in particular unwanted or unauthorized advertising, promotional materials or informational announcements;

1.2.7.  post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;

1.2.8.  post an incorrect rating or review;

1.2.9.  plan or conduct illegal, fraudulent or manipulative activities.

D.  ADDITIONAL TERMS AND CONDITIONS FOR ONEBIP GAMES

1.   CONTENT LICENSE

1.1.      Onebip or a third party developer (“app provider”) will provide you with the respective app licenses. If it is an app licensed by Onebip, then this is a “Onebip Games -App”. If it is an app licensed by an app provider, then it is a “third-party app”.

1.2.      By making Onebip Games available by Onebip, Onebip acts as a representative for the respective app provider and is therefore not a party to the purchase contract or the user agreement between the customer and the app provider. However, if you are a customer of Onebip, Onebip is also your contractual partner. This means that you purchase the app from Onebip, but the app is licensed by the app provider. Every purchased app is subject to the (APPENDIX 2) end user license agreement for licensed applications (“general EULA”) attached to these terms and conditions, unless Onebip or the app provider offer a priority individual license agreement (“individual EULA”) . The app provider of a third-party app is solely responsible for its content, the warranty and for all other claims that you may have with regard to the third-party app. At this point it is noted that you expressly acknowledge and agree that Onebip is a third party beneficiary under the general EULA or individual EULA applicable to the respective third party app and Onebip is therefore entitled to enforce such a contract.

2.   IN-APP PURCHASES

In the apps can be offered content, services or functions for use within these apps (“in-app purchases”). In principle, in-app purchases made while using the app (e.g. in-game credits such as virtual gold, virtual coins, etc.) can only be downloaded once and cannot be exchanged between devices.

3.   APP MAINTENANCE AND SUPPORT SERVICES

It is Onebip responsibility to carry out maintenance and support services for Onebip apps (or as far as this is required under applicable law). In addition, app providers are responsible for maintenance and support services for third-party apps.

E.   ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO CERTAIN CONTENT PURCHASED FROM THIRD PARTIES

1.   GENERAL

Some content available in certain services is purchased directly from the content app provider (as indicated on the product page and / or during the relevant content purchase process). In such a case, Onebip acts as a representative for the content provider by making the content available. It is explicitly stated that Onebip is accordingly not a party to the transaction between you and the content provider. However, if you are a customer of Onebip, Onebip is the contractual partner for the content that you purchase from certain services, although the content is licensed by the content provider. The provider of the content has the right to enforce the terms of use related to this content. The provider of the content is responsible for the content and the guarantee of it (insofar as the guarantee has not been excluded) as well as for any further claims with regard to the content.

2.   CHANGES TO THE TERMS AND CONDITIONS

Onebip is free to change these terms and conditions at any time and to add new or additional conditions or provisions for the use of the services. You will be notified of these changes and additional conditions and, if accepted, will take effect immediately and will be incorporated into these Terms and Conditions. In the event that the changes are rejected, Onebip reserves itself the right to terminate the contract.

3.   THIRD PARTY MATERIALS

Onebip is not responsible for and cannot be held liable for third party materials that are contained in or linked to the content or the services.

4.   INTELLECTUAL PROPERTY

You acknowledge that the Services and in particular the content, graphics, user interface, audio clips, video clips, editorial content, as well as scripts and software, contain information and materials that belong to Onebip and / or its licensors, and are subject to the applicable law of the Protection of intellectual property and other laws, in particular copyright laws, are protected. You agree to use this information or materials only for your personal, non-commercial use in accordance with these Terms and Conditions. It is also forbidden to reproduce part of the services in any form or by any means, unless this is expressly permitted under these terms and conditions. You undertake not to modify, rent, lend, sell or distribute the services or the content in any form and not to exploit the services in any way that is not expressly permitted.

5.   TERMINATION; BLOCKING OF SERVICES

Onebip reserves the right to terminate the concluded contract immediately for an important reason without waiving other rights or remedies, in particular if the obligations arising from these terms and conditions are significantly or persistently violated and this violation even after written notification (e-mail is sufficient) is continued. The termination of these terms and conditions (i) terminates the ability to access your account; and (ii) excludes you from accessing the relevant services. You remain responsible for all amounts owed for the account in question up to (and including) the date of termination.

In addition, Onebip has the right to modify, block or discontinue the services (including just parts or other content thereof) at any time with or without notice to you. It is explicitly stated that Onebip cannot be made liable to you or third parties if Onebip exercises this right. As far as possible, Onebip will inform you in advance about modifications, blocking or discontinuation of services. Termination of the services will not affect the content that you have already purchased. 

6.   DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1.      Onebip will provide the services with reasonable care. Onebip makes no other promises or assurances with regard to the Services and in particular does not warrant that:

6.1.1.  Your use of the Services will be uninterrupted or error free. You agree that Onebip may suspend the services for an indefinite period of time or terminate the services at any time for technical or operational reasons and will inform you of this as far as possible;

6.1.2.  the services will be free from loss, corruption, attacks, viruses, interference, hacking or other security-related disruptions that will be considered cases of majeure force. Onebip excludes any liability in this context. You are responsible for backing up your system, including backing up all content that has been purchased, acquired or rented from the Services.

6.2.      Except as provided below (d) or you exercise your rights to a refund or compensation under applicable law, in no event shall Onebip, its directors, managers, employees, affiliates, agents, contractors or licensors be liable for any loss or damage that caused by Onebip, its employees or agents if:

6.2.1.  no legal duty of care owed to you by Onebip or any employee or agent of Onebip has been violated;

6.2.2.  it is not a reasonably foreseeable consequence of such breach;

6.2.3.  a possible increase in the loss or damage is based on a violation of a provision of these terms and conditions by user;

6.2.4.  it is due to a decision by Onebip to remove information or content or to refuse to process information or content, to warn you, to prevent or terminate your access to the services or to take other measures during the investigation of suspected violations or as a result of Onebip coming to the conclusion that a breach of contract has occurred; or

6.2.5.  it is related to loss of income, business or profit, or loss or corruption of data related to your use of the Services.

6.3.      Onebip will protect the information provided by you in connection with the services to the best of its knowledge and belief, in particular against use with fraudulent intent.

6.4.      Nothing in these terms and conditions is intended to exclude or limit Onebip’s liability for gross negligence, willful conduct, fraud, or for death or personal injury.

6.5.      If you breach these Terms, you will be liable to Onebip, its directors, managers, employees, affiliates, agents, contractors and licensors for any claim arising out of your breach. You are also responsible for any action taken by Onebip as part of an investigation into a suspected violation of these Terms and Conditions or as a result of the results of the investigation or the decision that a violation of these Terms and Conditions has occurred.

7.   OTHER PROVISIONS

These terms and conditions represent the entire agreement between you and Onebip and regulate the use of the services and replace any previous agreements between you and Onebip with regard to the same item. It should be noticed that you may be subject to additional terms of use that may apply between you and app providers when you use connected services, third-party content, third-party software or additional services. Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these GTC. The parties agree on a valid provision to replace any invalid or unenforceable provisions that comes closest to the original economic purpose of the invalid or unenforceable provision, provided that a supplementary interpretation of the GTC is not possible. Should Onebip fail to enforce a right or a provision from these terms and conditions, this does not constitute a waiver of the relevant law or other provisions. Onebip is not responsible and cannot be made liable for the non-fulfillment of obligations for reasons that are beyond the power of disposal and control of Onebip.

You undertake to comply with all legal provisions that apply to the use of the services. The risk of loss for all electronically transmitted transactions is transferred to the recipient with the electronic transmission.

Onebip is free to notify you about the services by sending an email to the specified address, or by SMS to the specified telephone number, or by letter to the specified postal address, or by posting a notice in the services themselves.

The notification is effective immediately. Onebip can also contact you via email, SMS or push notification to send you additional information about the Services.

Alternative dispute resolution. The EU operates a voluntary online dispute resolution platform, which can be reached via the following link: https://ec.europa.eu/consumers/odr, in respect of which Onebip has decided not to participate. If you find a problem, contact support https://selfcare.onebip.com

People who are not of legal age should review these terms and conditions with their legal guardian to ensure that the Onebip offer serves the best interests of the minor.

Last updated on May 11, 2021

APPENDIX 1 – SAMPLE WITHDRAWAL FORM:

===================================================================

To Onebip S.r.l.

Via Filippino Lippi 32
20131 Milan, Italy:

support@onebip.com

I hereby revoke the contract I have concluded for [service, order number]:
  
Ordered * / received * on:
  
Name of the consumer:
  
Address of the consumer:
  
E-Mail-Adress of the consumer **:
  
Mobile phone number:Country 
   
Date:Signature [only for communication on paper]:
    
* Cross out what does not apply** Optional information

APPENDIX 2 – GENERAL EULA – END USER LICENSE AGREEMENT FOR LICENSED APPLICATIONS

The apps made available through Onebip Games are only licensed to you and are not sold. The license for the respective app is dependent on the prior acceptance of the general EULA or an individual end user license agreement between you and the app provider (“individual EULA“), if one is provided. The granting of the license for a Onebip S.r.l. app within the general EULA or an individual EULA is carried out by Onebip S.r.l., while the license for a third-party app within this general EULA or an individual EULA is granted by the app provider of the third-party app. Any app that is subject to the general EULA is hereinafter referred to as a “licensed application”. Onebip S.r.l. or the respective app provider (“licensor”) reserve all rights to the licensed application that are granted under the general EULA.

1.   Scope of the license: The licensor issues a non-transferable license to use the Licensed Application on products with the Onebip S.r.l. brand and which are in your property or possession, to the extent specified in the rules of use. The conditions set out in the general EULA apply to all content, materials or services that can be accessed from the Licensed Application or that can be purchased within the Licensed Application, as well as all upgrades made available by the Licensor that the original Licensed Application replace or add to, unless a corresponding upgrade is accompanied by an individual EULA. If the usage rules do not allow it, it is forbidden to sell or make available licensed applications over a network in which they can be used by many different devices at the same time. It is forbidden to transfer, redistribute or sub-license the Licensed Application. It is agreed that if your device is sold to a third party, you must first remove the Licensed Application from the device before the device is transferred. It is not permitted to reproduce the Licensed Application or any updates or parts thereof (unless this is permitted within the scope of the license and the rules of use), reverse engineering, disassembling, attempting to derive the source code, to change or to transfer works derived therefrom (unless and only insofar as one of the above restrictions is prohibited under applicable law or insofar as this is permitted under the license conditions applicable to the use of open source components that are integrated in the Licensed Application). 

2.   Consent to data use: You give your consent to the licensor that may collect and process technical data and related information – in particular technical information about your device, system and application software as well as peripheral devices – which are recorded at regular intervals in order to promote the provision of updates to the software, product support and other services provided in connection with the Licensed Application (if any). The licensor is permitted to use the information obtained in this way to improve its products or to provide you with services or technologies, as long as this is done anonymously.

3.   Termination. The general EULA remains in effect until terminated by the customer or the licensor. The rights of the general EULA terminate immediately and automatically if the terms of use are not respected.

4.   External services. The Licensed Application can enable access to services and websites of the licensor and / or third parties (summarized and individually “external services”). You agree to use the external services at your own risk. Under no circumstances the licensor is responsible for checking or evaluating the content or correctness of external third-party services and cannot be held liable for such external third-party services. Data such as financial, health and location information that is displayed in a licensed application or in an external service are for non-binding information purposes only and are not guaranteed by the licensor or his representatives with regard to their accuracy. You hereby confirm that the external services must be used in a manner that does not contradict the conditions of the general EULA or violate the intellectual property rights of the licensor or third parties. You also agree not to use the external services in such a way as to harass, abuse, stalk, threaten or defame natural or legal persons and that the licensor is not responsible for such use. External services may not be available in all languages, may not be available in your home country and / or may not be suitable or available for use in a particular location / area. If you decide to use such external services, you are personally responsible for compliance with all applicable legal provisions. The licensor reserves the right to change, cancel, deactivate or introduce access bans or restrictions with regard to external services in any direction at any time and without notice or liability to you.

5.   NO WARRANTY: The licensed application is made available by the licensor with reasonable care. The licensor will also exercise reasonable care with regard to the external services that are provided or made available by means of the licensed application. Any further promises or assurances with regard to the external services are not given by the licensor. In particular, the licensor does not guaranteethat:

5.1.      the use of the external services will be uninterrupted or free of errors;

5.2.      the external services will be free from viruses, attacks, interventions, hacking or other security-relevant disruptions, so that the licensor excludes any liability in this context. You are responsible for the backup management of your system, which also includes the backups of all licensed applications that are stored on your system.

6.   Limitation of Liability

6.1.      Unless otherwise provided, the Licensor, its directors, managers, employees, affiliates, agents, contractors, clients or licensors are in no way liable for any loss or damage caused by the Licensor, its employees or agents if:

6.1.1.no statutory due diligence obligations owed by the licensor or an employee or agent of the licensor have been violated;

6.1.2.it is not a reasonably foreseeable consequence of such a breach;

6.1.3.any increase in loss or damage is due to your breach of any provision of the End User License Agreement;

6.1.4.it is due to a decision by the licensor to warn you to prevent or terminate your access to the external services or to take other measures during the investigation of suspected violations or as a result of the licensor concluding that there has been a breach of contract has taken place;

6.1.5.it is related to loss of income, business or profit, or loss or corruption of data related to your use of the Licensed Application.

6.1.6.Onebip S.r.l. cannot be held responsible for data charges that may arise in connection with the use of the services.

6.2.      The licensor’s liability for fraud, gross negligence, willful behavior, or for death or personal injury due to negligence on the part of the licensor is neither excluded nor limited by these terms and conditions.

7.   It is forbidden to use the Licensed Application or to export or re-export it in other ways, unless it is permitted by the laws of the country in which the Licensed Application was acquired. 

8.   Except as expressly provided in the following paragraph, this contract and the relationship between you and Onebip S.r.l. are subject to the laws of the Republic of Austria. You agree to submit to the personal and exclusive jurisdiction of the courts located in Vienna, Austria to resolve any dispute or claim arising out of this contract.